Writ Petition No. 32600 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:8794 WP No. 32600 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 32600 OF 2024 (GM-RES) BETWEEN: 1. M/S SRI SHANKAR PLYWOOD AND BOARD INDUSTRIES A SOLE PROPRIETORSHIP HAVING OFFICE AT PLOT NO. 361, KIADB HASSAN GROWTH CENTRE, HN PURA ROAD, HASSAN-573 201, REPRESENTED BY PROPRIETR, MRS. HANSA MANOHARLAL PATEL. 2. M/S. SRI SHANKAR TIMBERS A PARTNERSHIP FIRM, HAVING ITS OFFICE AT NO. 289, MYSORE ROAD, KENCHENAHALLI, BANGALORE-573 201, REPRESENTED BY ITS PARTNER, SRI. MANOHARLAL VISHRAM PATEL. 3. M/S. SRI SHANKAR VENEERS INDUSTRIES A SOLE PROPRIETORSHIP, HAVING ITS OFFICE AT PLOT NO. 361, KIADB HASSAN GROWTH CENTRE, HN PURA ROAD, HASSAN-573 201, REPRESENTED BY PROPRIETR MRS. VANDANA HIRALAL PATEL Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8794 WP No. 32600 of 2024 …PETITIONERS
Legal Reasoning
4. M/S. SRI SHANKAR VIJAY SAW MILLS A PARTNERSHIP FIRM, HAVING OFFICE AT BELUR ROAD, NEAR VIJAYA NAGAR EXTENSION, HASSAN-573 201, REPRESENTED BY SRI. MANOHARLAL VISHRAM PATEL. (BY SMT. DIVYASHREE V., ADVOCATE FOR SRI. UDAYA PRAKASH M., ADVOCATE) AND: KARUR - VYSYA BANK LIMITED ASSET RECOVERY BRANCH DIVISIONAL OFFICE BUILDING, NO. 6, SHRI VASAVI TEMPLE ROAD, NEAR SAJJAN RAO CIRCLE, V.V. PURAM, BANGALORE-560 004, REP. BY ITS CHIEF MANAGER AND AUTHORIZED OFFICER. …RESPONDENT (BY SRI.VIGNESH SHETTY., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE E-AUCTION HELD ON 04.12.2024 SALE ADVERTISEMENT IN NEWS PAPER DTD. 15.11.2024 ISSUED BY THE RESPONDENT IN RESPECT OF SCHEDULE PROPERTIES (ANNX-P) AND DIRECT THE RESPONDENTS TO RESTORE THE POSSESSION OF THE SCHEDULE PROPERTY BACK TO PETITIONERS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:8794 WP No. 32600 of 2024 CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Although this writ petition was disposed of by order dated 12.02.2025 on a memo filed by the learned counsel
Decision
for the petitioner that the prayer made in the writ petition has become infructuous, nevertheless I.A.No.2/2025 has been filed at the hands fo the petitioner for recalling the said order dated 12.02.2025. 2. Learned counsel for the petitioner submits that the petitioner did not intend to withdraw this writ petition, but intended to withdraw W.P.No.27781/2024. It is also submitted that the petitioner has complied interim directions issued on 03.12.2024 by depositing Rs.82 lakhs on 26.12.2024. 3. Learned counsel for the respondent however submits that the auction was held on 02.12.2024 and the sale was confirmed in favour of the auction purchaser. It is submitted that this is the fourth writ petition filed by the petitioner and the petitioner did not fully comply the - 4 - NC: 2025:KHC:8794 WP No. 32600 of 2024 directions issued by this Court in the previous three writ petitions. Learned counsel would submit that although it is true that the petitioner deposited Rs.82 lakhs on 26.12.2024, nevertheless the outstanding amount as on the date when the auction was held was Rs.3,24,81,479/-. It is further submitted that even if the amount deposited by the petitioner i.e., Rs.82 lakhs is taken into consideration, nevertheless, the outstanding amount due would be more than Rs.2,55,00,000/-. 4. Learned counsel for the petitioner submits that if four weeks time is granted, the petitioner will deposit the entire amount of Rs.2,55,00,000/- along with accrued interest. 5. Learned counsel for the respondent would further submit that the writ petition can be disposed of permitting the petitioner to deposit the said amount within a period of four weeks, failing which, the respondent may be permitted to proceed to issue the sale certificate in favour of the auction purchaser. - 5 - NC: 2025:KHC:8794 WP No. 32600 of 2024 6. I.A.No.2/2025 is accordingly allowed. The order dated 12.02.2025 is hereby recalled. 7. Consequently, the writ petition stands disposed of permitting the petitioner to deposit Rs.2,55,00,000/- along with the accrued interest and solatium in favour of the auction purchaser calculated at the rate of Rs.6% p.a. from the date of the deposit made by the auction purchaser. If the said amount is deposited, the respondent Bank shall pay the said amount of solatium to the auction purchaser and close the account of the petitioner as satisfied. In the event of failure of the petitioner to comply with the directions issued by this Court, the respondent Bank may issue the sale certificate in favour of the auction purchaser. Ordered accordingly. Sd/- (R DEVDAS) JUDGE KLY CT: JL - 6 - NC: 2025:KHC:8794 WP No. 32600 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU [M/S SRI SHANKAR PLYWOOD AND OTHERS VS. KARUR - VYSYA BANK LIMITED] 17.04.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER ON I.A.NO.3/2025 This application has been filed by the petitioners seeking certain modification of the order dated 28.02.2025. Learned Counsel for the petitioners submits that at paragraph No.6 of the application, the petitioners have stated the amount paid by them to the respondent-Bank. It is submitted that commencing from 07.02.2022 to 26.12.2024, the petitioners have paid in all a sum of Rs.1,93,00,000/- to the respondent-Bank. However, in the order dated 28.02.2025, it has been recorded that the petitioners have paid a sum of Rs.82.00 Lakhs and therefore, it was directed that from out Rs.3,24,81,479/- after deducting a sum of Rs.82.00 Lakhs, the petitioners - 7 - NC: 2025:KHC:8794 WP No. 32600 of 2024 were required to pay a sum of Rs.2,55,00,000/- to the respondent-Bank along with accrued interest and solatium in favour of the auction purchaser calculated at the rate of 6% p.a., from the date of the deposit made by the auction purchaser. Learned Counsel submits that the directions were issued to the respondent-Bank to take into account all the amount paid by the petitioner and not only Rs.82.00 Lakhs. Learned Counsel for the respondent-Bank submits that all the amount shown by the petitioners in paragraph No.6 of the application have been taken into consideration and the benefit has been given to the petitioners. Having regard to the submissions made by the learned Counsel for the petitioners and learned Counsel for the respondent-Bank, it is hereby directed that the operative portion at paragraph No.7 of the order dated 28.02.2025 shall be read as follows: “Consequently, the writ petition stands disposed of permitting the petitioners to deposit a sum of - 8 - NC: 2025:KHC:8794 WP No. 32600 of 2024 Rs.2,55,00,000/- along with accrued interest and solatium in favour of the auction purchaser calculated at the rate of 6% p.a., from the date of the deposit made by the auction purchaser and the respondent-Bank shall also take into account all the amounts paid by the petitioners as indicated in paragraph No.6, if not already taken into account.” I.A.No.3/2025 accordingly stands disposed of. Sd/- (R DEVDAS) JUDGE DL List No.: 1 Sl No.: 48